Palm VIIX Handbook page 286

ings") through the Palm.Net site on the World Wide Web at the URL
www.palm.net
(the "Palm.Net Site") by entering the corresponding U.S. Postal Service
zip code in the space provided. You acknowledge and agree, however, that the Service
Ratings are merely approximate guidelines, and shall not be considered to be a warran-
ty or representation of Palm, Inc., the Wireless Service Provider or any other third party
as to the availability and/or reception quality of a Network connection from any given
location at any given time. You acknowledge that neither Palm, Inc., the Wireless Service
Provider nor any other third party shall be liable to you if the actual Service in a given
location is not available or is not of the same reception quality as any posted Service Rat-
ing for such location.
1.2 Accounts. To use the Service, you must have an open, active account that cor-
responds to your Palm VII device.
1.3 Password Responsibility. Once you subscribe to the Service, you shall receive
a password and an account. You are solely and entirely responsible for maintaining the
confidentiality of your password. Furthermore, you are solely and entirely responsible
for any and all activities which occur under your account. You agree to immediately no-
tify Palm, Inc. of any unauthorized use of your account or any other breach of security
known to you. You acknowledge that the complete privacy of your data and messages
transmitted while using the Service cannot be guaranteed. For the purposes hereof,
"use" means to transfer data over the Network.
1.4 Lost or Stolen Units. You agree to notify Palm, Inc. immediately if your
Palm VII device is lost or stolen. If you fail to do so, any charges incurred on your ac-
count will be your responsibility.
2. Copyright and Licenses. You acknowledge that no title to the intellectual property
in, or transmitted by, the Service is transferred to you. Subject to the terms and condi-
tions of this Agreement, you will have a nonexclusive, nontransferable, nonassignable
personal subscription to the Service for the term of this Agreement. The use of any Ser-
vice software or documentation related thereto is licensed, not sold, to you for use only
under the terms of the license contained herein.
3. Interruptions of Service. In the event that the Service is interrupted or you experi-
ence some other difficulty with the Service, including any problems or outages with the
Network, Palm, Inc. shall use commercially reasonable efforts to try to correct problems
with the Service as soon as reasonably possible. You acknowledge and agree that Palm,
Inc. is not responsible for performance degradation and delays due to conditions on the
Internet or due to the equipment or actions of the Venue Hosts.
4. Charges and Billing Practices.
4.1 Current Rates. You may obtain current rates and surcharges for using the Ser-
vice via Palm, Inc.'s web site located at
Service customer service department at 1-888-756-PALM. In addition, you are respon-
sible for paying any governmental taxes imposed on your use of the Service, including,
but not limited to, sales, use or value-added taxes. You are solely responsible for arrang-
ing payment for any and all additional or premium charges for your use of any third
party services via the Service.
Page 278
http://www.palm.net
or by calling the Palm.Net
http://